Wrongful Death
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San Diego Wrongful Death Attorney
In the wake of a tragic loss, contemplating the financial consequences of that turn of events can seem absurd. When you’re grieving, the last thing you have any interest in processing is how the loss of someone precious to you may affect your financial wellbeing. Unfortunately, if you don’t take the time to think about the financial consequences of your loss and how these consequences will affect you and your loved ones moving forward, you may not take the time to explore your legal options until the statutes of limitations tied to each of those options have run. Then, you’ll be saddled with these financial burdens forever, when they could have been minimized or eliminated if you had taken action sooner.
You may not feel ready to make major decisions concerning your legal options right now. That’s okay. If your loss occurred very recently, you can start by investing an hour or two of your time into attending a confidential, no-risk, free consultation with our experienced legal team. Once you’ve received answers to your questions and you’ve received personalized legal guidance related to your situation, you’ll be able to make informed decisions about your options within the timeframe provided to you by law.
Determined Advocacy for Families of Injury Victims
If you recently lost a loved one due to another’s intentionally dangerous, reckless, or negligent actions or inactions, you may be able to hold those parties responsible – through the personal injury claims process - for the loss you have suffered. If your loved one was lost due to harm sustained while they were on the job, you may be eligible to receive workers’ compensation death benefits, regardless of who or what caused the injurious circumstances that led to your loved one’s fatal injuries. No matter which options may be applicable to your situation, our dedicated, knowledgeable, and compassionate legal team can assist you and your family with your legal needs at this time. Again, you don’t necessarily need to make major decisions about your situation today. However, you will benefit from learning about your options so that you can make informed determinations – that may impact your family’s finances well into the future – as soon as you can so that you know exactly how long you’re permitted (by law) to consider your options before you either need to commit to a plan of action or risk being barred from seeking any compensation to which you may be entitled.
Our legal team has earned a reputation for excellence in no small part because we believe in a client-focused approach to representation. We believe that it is our privilege to serve the interests of surviving loved ones of those who have been lost due to preventable circumstances. When you work with our tenacious legal team, you’ll never be made to feel like “just another client.” On the contrary, we will always treat you, your case, and the memory of your loved one with the unique respect, attention, and dedication owed to your situation. Please allow us to explain our approach to representation in detail during a free, risk-free, confidential consultation.
What Is a Wrongful Death Case?
When an individual is injured due to another’s recklessness, negligence, or intentionally dangerous conduct, the injury victim is permitted to hold those responsible legally accountable for the harm that was caused. The legal process of holding a negligent, reckless, or intentionally dangerous party liable for causing injury is generally referred to as the personal injury claims process. When the injuries in question do not result in the victim’s death, it is the victim who brings suit against those responsible. When the injuries in question result in the victim’s death, eligible loved ones (and/or a representative of the injury victim’s estate) bring suit against those responsible.
In both scenarios, financial damages may be awarded to those involved. When an injury victim files suit, they seek damages related to their personal financial losses caused as a result of their injuries. Similarly, when eligible individuals file suit, they seek damages related to their personal financial losses resulting from the death of the injury victim. Note that this process does not compensate for the pain and suffering felt by the victim. The victim’s pain and suffering may be addressed in a survival action.
What Is a Survival Action?
In the event that an injury victim experiences conscious pain and suffering before they succumb to their injuries, their eligible loved ones can choose to file a survival action simultaneously when filing their wrongful death claim. These legal actions are generally filed together so that the lawyer arguing the issues can pursue them at the same time as parts of a larger legal case. This approach saves a great deal of time, money, and resources when compared to filing the actions separately.
While a
wrongful death case compensates surviving family members for the financial losses they have suffered in the wake of the injury victim’s death, a survival action compensates for the pain and suffering that the injury victim experienced as a result of their injuries before passing away. The amount of compensation made available in survival actions is generally contingent upon how much pain and suffering the victim suffered consciously over time. The severity of physical pain, degree of consciousness, duration of suffering, and whether the victim feared their own impending death are taken into consideration when a
jury determines the value of a survival action award.
Common Injury Types that Result in Wrongful Death
Wrongful death cases can be filed – generally – any time that another’s negligence, recklessness, or intentionally dangerous conduct serves as a substantial factor in the fatal injury of a victim. Some of the most common reasons why wrongful death cases are filed in California include:
- Bicycle Accidents
- Brain and Spinal Injuries
- Car Accidents
- Commercial Truck Accidents
- Dangerous and Defective Product Injuries
- Homicide
- Medical Mistakes and Medical Malpractice
- Motorcycle Accidents
- Occupational Illness and Work-Related Aggravation of Preexisting Conditions
- Pedestrian Accidents
- Premises Liability Cases, Including Slip and Fall, Trip and Fall Accidents
- Prescription Drug Errors
- Recreational Vehicle Accidents
- Scooter and Motorized Bike Accidents
- Toxic Exposure
- Traumatic Birth
- Watercraft Accidents
- Work-related Accidents
- Uber and Rideshare Accidents
Who Is Eligible to File Legal Action on Behalf of Fatal Injury Victims?
Each state sets its own limitations concerning eligibility for filing a wrongful death action and (if applicable) a survival action. In California, the following parties are generally eligible to file wrongful death claims and survival actions:
A surviving spouse or domestic partner
The deceased’s surviving children
The “issue” of any of the deceased’s children who have predeceased the injury victim
Other qualifying dependents of the injury victim, including eligible minors unrelated to the deceased but who relied on the deceased for a certain degree of financial support
The parents and/or legal guardians of deceased minors, as well as other injury victims under specific circumstances
A personal representative of the deceased’s estate
Rarely, other loved ones – who may or may not be biologically related or linked through a legal union - may be eligible to file wrongful death claims and survival actions. If you have questions about whether you may be eligible to take legal action and your relationship with the injury victim does not meet any of the eligibility categories noted above, please alert our legal team so that we can advise you of your options accordingly.
Settlement-Related Representation
If you have already been offered a settlement related to your loss, don’t sign any paperwork until you’ve had the documentation reviewed by our legal team. The offer of settlement compensation is usually only extended in exchange for a promise not to sue. In accepting a settlement, you may be forever “closing the door” on your right to hold those responsible accountable for (potentially) much more money than you’re being offered now. Allowing us to review this paperwork will help you to make whatever informed decision is right for you and your family.
When Fatal Harm Occurs on the Job
If your loved one died as a result of a work-related accident, toxic exposure in the workplace, or injuries that evolved over time as a result of work-related activities, you may be eligible to file for workers’ compensation death benefits. Unlike the personal injury claims process, the workers’ compensation process doesn’t require that you formally sue before you can benefit from rightful compensation. Workers’ compensation death benefits are paid to eligible dependents of the deceased in installments after it has been determined that all necessary criteria for these benefits have been met.
If you’re unsure of whether your loved one was eligible for workers’ compensation benefits at the time that they were injured or whether you’re eligible to file for workers’ compensation death benefits, we can advise you of your options.
Bringing a Civil Claim Against Someone Who Has Committed a Crime
In the United States, the civil justice system is distinct from the criminal justice system. This means that, if you lost your loved one as a result of another’s criminal wrongdoing, any civil action you file will not be impacted by any criminal justice measures that have or have not been taken against those responsible for your loved one’s death.
Juries in civil trials are asked to assess the actions of the defendant differently than they are in criminal cases, which is one of the reasons why these processes are distinct. As a result, regardless of whether a prosecutor has brought charges against those responsible for your loved one’s death (and regardless of the outcome of any criminal prosecutions undertaken), you may be able to file a civil case successfully. In fact, because the standard of proof is significantly lower in civil matters than it is in criminal matters, your chances of obtaining civil justice are higher than your chances of obtaining justice through the criminal accountability process. Therefore, it remains important to explore your civil legal options regardless of what may be happening in regards to the loss of your loved one via the criminal “side” of the legal system.
Contact Our Firm Today for a Free Case Evaluation
Oftentimes, surviving loved ones resist the opportunity to learn about their legal options because they are overwhelmed, grieving, and may feel guilty about considering their financial needs in the wake of profound loss. This is understandable. It is worth remembering however, that holding others accountable for their role(s) in your loved one’s death and/or taking advantage of opportunities to receive compensation to which you’re entitled does not – in any way whatsoever – diminish the memory of your lost loved one. Seeking justice and rightful compensation honors and acknowledges your loss.
Please don’t wait until the financial consequences related to your loved one’s passing have become overwhelming to explore your legal options. Contact our firm online or over the phone to schedule a no-cost, no-risk, confidential case evaluation today. We look forward to assisting you during this challenging time.
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